Watchdog Group Calls Mayer's Job with Comcast a 'Violation'

A conservative government watchdog group says it has asked state officials to determine whether Mayor David Mayer's position with Comcast could potentially deem him ineligible to continue serving as mayor.

Mayer's job as Comcast Corp.'s director of legislative affairs for New Jersey while holding office violates the state's Optional Municipal Charter Law, which establishes the form of government under which Gloucester Township operates, South Jersey Citizens (SJC) political director Joshua Berry asserted while addressing the Township Council Monday night.

Mayer dismissed the watchdog group's position as "nonsense" following the meeting.

SJC says it has contacted the Department of Community Affairs, asking the state to look into whether Mayer is in fact in violation of the Optional Municipal Charter Law, which is more commonly known as the Faulkner Act.

Berry also presented Township Clerk Rosemary DiJosie with a letter during Monday's meeting in which he asked that the township "perform any and all such investigations into conflicts of interests of municipal officers and employees to fully comply with the letter of the Faulkner Act."

Berry pointed to two specific sections of the Faulkner Act (see the bottom of this article for full text of those sections) in asserting that Mayer, as well as Zoning Board member Arlene Chiumento, are in violation of state law due to their connections to public utilities. He indicated Chiumento's husband works for PSE&G—a point some officials refuted as outdated information.

Contacted by email Tuesday to clarify SJC's position with respect to these allegations, Berry responded: "South Jersey Citizens takes no stand on how the conflict is resolved, just as long as the two people identified are no longer in conflict according to Faulkner. Faulkner states he can't be mayor while connected to Comcast. ... I was clear last night. I am not calling for specific action, just the investigation into this and other potential violations by all public officials such as stock ownership or ownership in LLCs."

Township Solicitor David Carlamere disagrees with Berry and SJC.

"I don't believe in either of the two examples that Josh Berry referenced that this applies," he said, "because there's no direct interest in any contract or job for work or material, or the profits provided thereupon, being furnished or provided for the municipality."

Mayer's Comcast salary is not tied to any contracts or work performed in Gloucester Township nor does the mayor receive any special benefits from the company as a result of his positions as both mayor and as its director of legislative affairs in New Jersey, Carlamere said.

Faulkner "is not saying you can't be employed by (Comcast or businesses operating under public franchise agreements)," he said. "It's saying you can't accept, direct or indirect, any free passes, or service or anything, for less than what's offered to the general public."

Mayer, as township mayor, would be in violation of the Faulkner Act if he received free services from Comcast—free cable television, free internet or free phone services—according to Carlamere.

Asked to comment following Monday's meeting, Mayer responded: "I don't comment on nonsense."

Carlamere noted the Township Council approved Comcast's non-exclusive franchise agreement to operate in the township in 2008, prior to Mayer taking office in January 2010.

The solicitor added he is looking into whether Chiumento's husband has retired, as officials had suggested during Monday's meeting.

Optional Municipal Charter Law

40:69A-163 - Interest in contracts or jobs forbidden

No officer or employee elected or appointed in any municipality shall be interested directly or indirectly in any contract or job for work or materials, or the profits thereof, to be furnished or performed for the municipality, and no such officer or employee shall be interested directly or indirectly in any contract or job for work or materials or the profits thereof, to be furnished or performed, for any person operating any interurban railway, street railway, gas works, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange, or other public utility within the territorial limits of such municipality.

40:69A-164 - Franks, free passes, tickets or services; acceptance forbidden

No officer or employee shall accept or receive, directly or indirectly, from any person operating within the territorial limits of a municipality, any interurban railway, street railway, gas works, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange or other business using or operating under a public franchise, any frank, free pass, free ticket or free service, or accept or receive, directly or indirectly, from any person, any other service upon terms more favorable than is granted to the public generally, except that such prohibition of free transportation shall not apply to policemen or firemen in uniform. Nor shall any free service to the municipal officials heretofore provided by any franchise or ordinance be affected by this section.